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SUDHA BEEVI versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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SUDHA BEEVI v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 963 of 2007 [2007] RD-KL 3942 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 963 of 2007()

1. SUDHA BEEVI,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. DIRECTOR GENERAL OF POLICE,

3. SUPERINTENDENT OF POLICE,

4. SUB INSPECTOR OF POLICE,

5. M/S. INTEGRATED FINANCE COMPANY LTD.,

For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :21/02/2007

O R D E R

V. RAMKUMAR, J.


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BAIL APPLICATION NO. 963 OF 2007
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DATED THIS THE 21ST DAY OF FEBRUARY, 2007

O R D E R

Petitioner seeks anticipatory bail on the allegation that non-bailable warrants of arrest are pending against him in C.C.No.876/01 on the file of the J.F.C.M.-III, Thiruvananthapuram for an offence punishable under section 138 of the Negotiable Instruments Act. According to the petitioner, more than 18 similar cases have been instituted at the instance of the 5th respondent financier in respect of a mini bus of which the petitioner was the hirer and the cheques have been presented after the 5th respondent had repossessed and sold the vehicle in which case no prosecution under section 138 of the Negotiable Instruments Act will lie in the light of the decision of this court in Sudha Beevi v. State of Kerala (2004(2) KLT 746). In the light of the above contention, I am inclined to direct the Magistrate to release the petitioner on bail. Accordingly, if the petitioner surrenders before the J.F.C.M.-III, Thiruvananthapuram in connection with C.C.No.876/01 within 10 days from today and files an application for regular bail, she shall be released on bail on appropriate conditions. The warrants of arrest, if any, pending against the petitioner shall not be executed until then.

V.RAMKUMAR, JUDGE

dsn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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